77-11c-403. Remedies for failure to preserve biological evidence.

270 words·~1 min read·/ut/title-77/chapter-11c/77-11c-403·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(a)Except as provided in Subsections (1)(b) and

(2), if a court finds that biological evidence that reasonably could have been found to be exculpatory in a defendant's criminal case was not preserved in accordance with this chapter, the court may impose sanctions and remedies at the court's discretion, including:

(i)the grant of a new trial;

(ii)an instruction to the jury that evidence was not preserved as required by law;

(iii)the reduction of the sentence;

(iv)the dismissal of the criminal charge;

(v)the vacation of the conviction; or

(vi)the entry of a finding that because the evidence was not preserved in accordance with this chapter, a presumption exists that the evidence would have been exculpatory to the defendant.

(b)The provisions in Subsection (1)(a) apply only if:

(i)a defendant's appeal has not concluded;

(ii)a defendant's time for appeal has not expired; or

(iii)a defendant has received a new trial in accordance with Subsection (2)(b) .

(a)A defendant shall seek relief under Title 78B, Chapter 9, Postconviction Remedies Act , if:

(i)the defendant alleges that the biological evidence that is the basis for the defendant's claim was not preserved in accordance with this chapter; and

(A)the defendant's appeal has concluded; or

(B)the time for the defendant's appeal has expired.

(b)If a defendant obtains relief under Title 78B, Chapter 9, Postconviction Remedies Act , the provisions in Subsection

(1)apply to the defendant's new trial.

Renumbered and Amended by Chapter 448 , 2023 General Session